The trademark Lupi Caffè was filed by Lupi B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on January 11, 2024, and received one opposition filed on February 18, 2024 by HIJOS DE RIVERA, S.A. on Likelihood of confusion. the opponent was represented by GARRIGUES IP, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 18, 2024
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
The Refusal with reference B 018854123 was partially rejected according to Article 7(1)(g) EUTMR with decision issued on October 5, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 21 with following description of goods:
Earthenware
Cups of paper or plastic
Cup lids
Feeding cups
Mugs made of earthenware
Storage jars
Water bottles
Empty water bottles for bicycles
Biodegradable plates
Biodegradable paper pulp-based plates
Biodegradable bottles
Biodegradable paper pulp-based bowls
Biodegradable trays
Compostable plates
Compostable bowls
Compostable trays
Dessert plates
Household containers of precious metal
Boxes of glass
Portable tea caddies
Mugs
Table plates
Bottles
Demitasse sets comprised of cups and saucers
Enamelled jars
Insulated glass holders
Insulated containers for beverage cans, for domestic use
Glassware for household purposes
Glassware
Glasses, drinking vessels and barware
Foil food containers
Plastic juice box holders
Industrial packaging containers of porcelain
Vacuum jugs (Non-electric -)
Vacuum flasks for holding food
Ceramics for kitchen use
Ceramic tableware
Kitchen utensils
Thermal insulated bags for food or beverages
Isothermic bags
Coffee mugs
Coffee cups
Coffee scoops
Coffee grinders
Coffee grinders, hand-operated
Coffee percolators, non-electric
Coffee pots
Coffeepots, non-electric
Coffee pots not of precious metal
Coffee services [tableware]
Coffee services, not of precious metal
Coffee services of precious metal
Coffee makers, non-electric
Vacuum coffee makers
Coffee services of china
Coffee services of ceramic
Cups
Cups and mugs
Cups made of pottery
Spice jars
Crystal [glassware]
Milk churns
Milk pans
Holloware
Drip mats for tea
Porcelain coasters
Paper cooking pots
Dust-pans.
The mark was filed in class 30 with following description of goods:
Pastries, cakes, tarts and biscuits (cookies)
Bakery goods
Coffee
Coffee in whole-bean form
Decaffeinated coffee
Flavoured coffee
Espresso
Sugar-coated coffee beans
Preparations for making beverages [coffee based]
Coffee-based beverages
Preparations for making beverages [tea based]
Tea
Fruit teas
Fruit flavoured tea [other than medicinal]
Rooibos tea
Earl grey tea
Roasted coffee beans.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages flavoured with coffee
Soft drinks
Non-alcoholic preparations for making beverages
Energy drinks
Energy drinks containing caffeine
Fruit-based soft drinks flavored with tea
Carbohydrate drinks
Non-carbonated soft drinks
Non-alcoholic beverages flavoured with tea
Smoothies
Sports drinks
Beverages containing vitamins
Waters
Juices
Vitamin fortified non-alcoholic beverages
Non-alcoholic drinks enriched with vitamins and mineral salts
Vitamin enriched sparkling water [beverages]
Non-alcoholic fruit cocktails
Cider, non-alcoholic.
The mark was filed in class 35 with following description of goods:
Retail services in relation to coffee, teas and cocoa and substitutes therefor
Catalogue retail services in relation to coffee, teas and cocoa and substitutes therefor
Wholesale services in relation to coffee, teas and cocoa and substitutes therefor
Online retail services in relation to coffee, teas and cocoa and substitutes therefor
Television shopping based retail services in relation to coffee, teas and cocoa and substitutes therefor
Mail order retail services in relation to coffee, teas and cocoa and substitutes therefor
Retail services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Catalogue retail services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Wholesale services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Online retail services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Television shopping based retail services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Mail order retail services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Retail services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Catalogue retail services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Wholesale services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Online retail services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Television shopping based retail services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Mail order retail services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Retail services in relation to salts, seasonings, flavourings and condiments
Catalogue retail services in relation to salts, seasonings, flavourings and condiments
Wholesale services in relation to salts, seasonings, flavourings and condiments
Online retail services in relation to salts, seasonings, flavourings and condiments
Television shopping based retail services in relation to salts, seasonings, flavourings and condiments
Mail order retail services in relation to salts, seasonings, flavourings and condiments
Retail services in relation to cooling ice
Catalogue retail services in relation to cooling ice
Wholesale services in relation to cooling ice
Online retail services in relation to cooling ice
Television shopping based retail services in relation to cooling ice
Mail order retail services in relation to cooling ice
Retail services in relation to ice creams, frozen yogurts, and sorbets
Catalogue retail services in relation to ice creams, frozen yogurts, and sorbets
Wholesale services in relation to ice creams, frozen yogurts, and sorbets
Online retail services in relation to ice creams, frozen yogurts, and sorbets
Television shopping based retail services in relation to ice creams, frozen yogurts, and sorbets
Mail order retail services in relation to ice creams, frozen yogurts, and sorbets
Retail services in relation to teas
Wholesale services in relation to teas
Business assistance, management and administrative services
Advertising, marketing and promotional services.
The mark was filed in class 36 with following description of goods:
Financial, monetary and banking services
Fundraising and financial sponsorship
Valuation services
Real estate procurement for others
Research services relating to real estate acquisition
Real estate consultancy
Apartments (Arranging letting of -)
Apartment locating services for others [permanent accommodation]
Assisting in the acquisition of and financial interests in real estate
Estate management services relating to transactions in real property
Management of commercial properties
Real estate administration
Building management
Real estate management services relating to retail premises
Real estate management
Financial nominees services for the holding of properties for others
Financial brokerage services for real estate
Arranging the provision of finance for real estate purchase
Arranging the provision of finance for construction operations
Financing of real estate development projects
Provision of finance for real estate development
Provision of housing accommodation
Housing management
Provision of permanent housing accommodation
Rent collection
Real estate syndication
Real estate affairs
Rental of real estate
Arranging finance for businesses
Advisory services relating to [financial] risk management
Advisory services relating to investments and finance
Capital investment consultation
Consultancy services relating to corporate finance
Debt advisory services
Income tax advice [financial]
Financial advisory services for companies
Financial consultancy
Crowdfunding
Loan advice and loan procurement services
Loan advice
Surety services
Provision of guarantees and securities
Bonding [provision of financial guarantees]
Financial consultancy relating to credit services
Financial consultancy relating to loans
Financing and loan services.
The mark was filed in class 40 with following description of goods:
Food and beverage treatment
Coffee-grinding
Coffee roasting and processing.
The mark was filed in class 43 with following description of goods:
Bar services
Preparation and provision of food and drink for immediate consumption
Café services
Pubs
Cafeteria services
Preparation of meals
Services for the preparation of food and drink
Services for providing food
Services for providing drink
Serving food and drinks
Serving food and drink in Internet cafes
Serving food and drink in restaurants and bars
Providing food and drink for guests in restaurants